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HomeMy WebLinkAboutResolution 2010-011111 1n 14:11M11':41,11i,t IRRMAT111.10, 11111 Reception#: 78@752 01/19!2010 10:55:25 AM Jean niberico 1 of 3 Rep Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 11t day of January A.D. 2010, there were present: John Martin Mike Samson Tresi Houpt (absent) Deb Quinn Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Conunissioner , Assistant County Attorney , Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010-01 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR "COMMUNICATION FACILITY". THIS FACILITY IS TO BE OPERATED BY MARATHON OIL CORPORATION AND LOCATED ON A PROPERTY OWNED BY CHEVRON USA, INC. DESCRIBED AS SECTION 5, TOWNSHIP 6 SOUTH, RANGE 96 WEST OF THE 6 P.M., GARFIELD COUNTY PARCEL NO'S# 2171-052-00-002, 2171-182-00-008, AND 2171-043-00-015 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Limited Impact Review requesting a Land Use Change Permit for a "Communication Facility" within a property owned by Chevron USA, Inc. B. The subject parcel is legally described in a Special Warranty Deed recorded at Book 377, Page 111 at reception number 235128 with the Garfield County Clerk and Recorder. C. The subject property is within the Resource Plateau Zone District, where such use is permitted via Limited Impact review. D. The Board of County Commissioners opened a public hearing on the 11`n` day of January, 2010 when the question of whether the above-described Land Use Change Permit should be granted or denied was considered, and during which hearing the public interested persons were given the opportunity to express their opinions regarding the issuance of said 1 3 1 ®111 !MI 11111 Receptiant; 780752 01/1912010 10:55:25 RM Jean Mbar -ice 2 of 3 Rao Fee:$0.00 Doc Fee:0.00 GRRFfELD COUNTY CO Permit. E. The Board of County Commissioners closed the public hearing on the 11th of January, 2010 to make a decision regarding the request. F. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. Proper posting and public notice were provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed Land Use Change Permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. Upon satisfaction of the conditions stated below, the application will meet the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A Land Use Change Permit for a "Communication Facility" consisting of a 22' tower on a 20' x 20' concrete pad in Section 5, Township 6 South, Range 96W of the 6th P.M., Garfield County, is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3. No construction may occur on this site between March 1st and July 31st due to potential impact to Sage Grouse; 2 tHHI ' rat NUM 1IJ %PrL UNCI iCtilITMMI ®ILII Recept.ion#: 780752 01119/2010 10;55;25 AM Jean Alberica 3 of 3 Rec Fee:$0.00 Doc Fee:0.03 GARFIELD COUNTY CO 4. The Applicant shall install a triangular device, as recommended in the wildlife analysis, to prevent perching on the communication tower. S. This facility shall be included in a weed management program that includes annual monitoring and treatment of Garfield County listed noxious weeds. f Dated this I i5day of , AD. 20 F 0 A'.1 I'EST: GARFIELD COUNTY BOARD OF OMMISSI N RS, GARFIELD LINTY, O RADO 1,14 of the Board Upon motion duly made and seconded the foregoing Resolition was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TRESI HOUPT , Aye , Aye , Absent STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3